Legal Question in Credit and Debt Law in Colorado

Re: Regarding Credit Cards and Divorce

If you did not sign the credit card agreement, you never used the card and you were not aware you were designated as an authorized user until after the fact, and in the absence of charges to the card which were to discharge your familial obligations during the period to your marriage [eg, medical expenses of a dependent], you should not be liable for the indebtedness on the card. The legal theory of liability the collection agency stated is bogus, and is a misrepresentation, and therefore, a violation of state and federal statutes. If the collection agency is responsible for the hickey on your credit report, this constitutes a separate violation of the state and federal fair debt collection practices statutes.

If the management personnel at the collection agency are cognizant of the law, you will be able to get them to delete the derog on your credit report, if you forward this opinion to them. I suggest that you check with the Colorado Collection Agency Board to confirm that this agency is appropriately licensed, and also, their history of recorded grievances. Contact this office if you are unable to summarily resolve this matter based on the above advice.